WALGETT SHIRE COUNCIL

AGENDA

24 August 2010

DON RAMSLAND General Manager

WALGETT SHIRE COUNCIL AGENDA

17 August 2010

Walgett Shire Council PO Box 31 WALGETT NSW 2832

NOTICE IS HEREBY GIVEN that the Ordinary Meeting of Walgett Shire Council will be held in the Walgett Shire Council Chambers on Tuesday 24th August 2010, commencing at 10.00am.

AGENDA

1. Opening of Meeting

2. Acknowledgement of Traditional Owners I would like to acknowledge the traditional owners of the lands within the Walgett Shire and I would also like to acknowledge the Aboriginal and Torres Strait Islander people who now reside within this Shire.

3. Apologies

4. Welcome to Visitors

5. Public Forum Presentations (Limited to five minute presentations, and must relate to items listed within the Business Paper)

6. Declaration of Pecuniary/Non Pecuniary Interests

7. Confirmation of Minutes

8. Reserve Trust Management Committee Reports 1. Walgett Shire Council Chambers Reserve Trust 1 (R85180) and (R87167) 3 Year License to RTA ...... 29 2. Collarenebri Swimming Pool (R86013) Reserve Trust 3 year License to Riley Aquatic Management Pty Ltd ...... 31 3. Walgett Baths (R82251) Reserve Trust 3 year License to Riley Aquatic Management Pty LTd ...... 33

9. Mayoral Minutes 4. Walgett Shire Council Mayoral Minute – New Toilet Block for Collarenebri Racecourse ...... 35

24 August 2010 Page 2 of 141 WALGETT SHIRE COUNCIL AGENDA

10. Motions of which Notice has been given

11. Presentation of Petitions

12. Councillor’s Questions with Notice

13. Reports of Delegates and Representatives

14. Reservation of items for Debate

15. Reports of Officers

GENERAL MANAGER 5. Delegation of Authority by Council ...... 39 6. Council Decisions Action Report–27.07.10 ...... 41

DIRECTOR CORPORATE AND COMMUNITY SERVICES 7. Naming of Lightning Ridge Skate Park ...... 47 8. Walgett Liquor Accord ...... 52 9. Cash on hand and Investment Report as at 31 July 2010 ...... 54 10. Debt Recovery Progress Report ...... 57 11. Carried Forward Projects as at 30 June 2010 ...... 59 12. Quarterly Budget Review as at 30 June 2010 ...... 61 13. Community Assistance Scheme Donations -2010/2011 Budget...... 75 14. Community Land – Draft Plans of Management ...... 77 15. Community Development Worker Position ...... 81

DIRECTOR PLANNING AND REGULATORY SERVICES 16. Urban Addressing for Walgett Shire ...... 85 17. Development and Complying Development Certificate Applications ...... 92 18. Strata Subdivision & Easement, Gilbert Street Units ...... 97 19. Proposal for Relief Regulatory Officer Services ...... 103 20. Growth Strategy & Local Environmental Plan ...... 109

DIRECTOR URBAN INFRASTRUCTURE SERVICES 21. Footpath Valuation Report ...... 116

DIRECTOR RURAL INFRASTRUCTURE AND SUPPORT SERVICES 22. December 2009 Flood Damage Grant ...... 138 23. North West Weight of Loads Group - Withdrawal Option ...... 140

16. Reports of Committees

17. Questions without notice from Councillors

18. Confidential Reports/Closed Council Meeting

DIRECTOR URBAN INFRASTRUCTURE SERVICES 1. Hire Fees for the Burren Junction Public School ...... 3

19. Close of Meeting

24 August 2010 Page 3 of 141 WALGETT SHIRE COUNCIL AGENDA

3. Apologies

6. Declaration of Pecuniary/Non Pecuniary Interests

7. Confirmation of Minutes

24 August 2010 Page 4 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 5 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 6 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 7 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 8 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 9 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 10 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 11 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 12 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 13 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 14 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 15 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 16 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 17 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 18 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 19 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 20 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 21 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 22 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 23 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 24 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 25 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 26 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 27 of 141 WALGETT SHIRE COUNCIL AGENDA

Amendment to Minutes of Council Meeting 27 July 2010 – Resolution 184/10

Recommendation:

1. That an amendment be made to resolution 222/10 to read: That Council renews the Acceler8 Technologies contract for a period of 12 months, commencing 1 August 2010.

Moved: Seconded:

Confirmation of Minutes of Council Meeting 27 July 2010

Recommendation:

That the minutes of the Council meeting held 27 July 2010 be confirmed with the above changes made.

Moved: Seconded:

24 August 2010 Page 28 of 141 WALGETT SHIRE COUNCIL AGENDA

8. Reserve Trust Management Committee Reports

1. WALGETT SHIRE COUNCIL CHAMBERS RESERVE TRUST 1 (R85180) AND (R87167) 3 YEAR LICENSE TO RTA

REPORTING SECTION: Urban Infrastructure Services AUTHOR: Danielle Osborne – Assets Officer FILE NUMBER: 10/571

Summary:

This report recommends that a licence for a 3 year term be issued to the Road and Traffic Authority of New South Wales, Walgett Branch for the use of the part of the Walgett Shire Chambers Reserve Trust 1 (R85180) and Walgett Shire Chambers Reserve Trust (R87167)

Discussion (including issues and background):

Walgett Shire Council is the Trust Manager for Reserve Trust 1 (R85180 and (R87167) incorporating the Walgett Shire Chambers and Offices. As the Reserve Trust Manager, Council is required to issue a licence to the Road and Traffic Authority of New South Wales Walgett to occupy a section of the building with an area of approximately 91.6 square metres. Currently the Road and Traffic Authority have a 3 year licence which expires 10 November 2010.

The Licence Fee has been set at $25,436.63 plus GST per annum, paid monthly in arrears. [The Licence Fee is inclusive of charges in connection with electricity, cleaning and building insurance.]

Disabled Access: In addition to the Licence Fee, the Licensee will pay a disabled access disbursement of $1,666.00 per annum, paid monthly commencing 11 November 2003 and ending 10 November 2012.

Relevant Reference Documents:

Gazettal Notices

Stakeholders:

Department of Land and Property Management (LPMA) Road and Traffic Authority of New South Wales

Financial Implications:

The rent received will be placed in the Walgett Shire Council Chambers Reserve Trust 1 (R85180) and (R87167) to be reinvested back into the Reserve. An estimated $81,307.89 (x GST) will be added revenue over a 3 year period with an estimated CPI increase of 3.5% annually.

24 August 2010 Page 29 of 141 WALGETT SHIRE COUNCIL AGENDA

Walgett Shire Council Chambers Reserve Trust 1 (R85180) and (R87167) 3 year license to RTA

Recommendation:

1. That a licence be issued to the Road and Traffic Authority to occupy part Lot 8 Section 15 DP759036 for use as a Motor Registry and general offices.

2. That the rent fee be $25,436.63 plus GST per annum AND SUBJECT TO THE Annual CPI (Sydney) Valuation for a three year term.

3. That the Mayor and General Manager be authorised to sign the licence agreement

Moved: Seconded:

Attachments:

Licence agreement for RTA of New South Wales (under separate cover)

24 August 2010 Page 30 of 141 WALGETT SHIRE COUNCIL AGENDA

2. COLLARENEBRI SWIMMING POOL (R86013) RESERVE TRUST 3 YEAR LICENSE TO RILEY AQUATIC MANAGEMENT PTY LTD

REPORTING SECTION: Urban Infrastructure Services AUTHOR: Siegfredo Coralde - Director UIS FILE NUMBER: 10/110

Summary:

This report recommends that a licence for a 3 year term be issued to Riley Aquatic Management Pty Ltd for the management of the Collarenebri Swimming Pool (R86013) Reserve Trust effective 1 September 2010.

Discussion (including issues and background):

On 23 March 2010, Council under the Resolution 82/10 UIST-04-10 resolved the following:

Riley Aquatic Management Pty Ltd has previously managed the pool for the past three years with their present licence agreement expiring 30 September 2010. The new license agreement will commence on 1 September 2010 which will supersede the current license agreement.

The new Lease Agreement. Some highlights of the 3-year agreement are:

• Power to collect all income from entrance fees including the proceeds from the operation of the Council’s kiosk, as has occurred for the past three years. • Payment to the Licensee of the annual lump sum of $113,897 (including GST) will be paid via equal monthly progress payments with the first payment being one month from the commencement date of the licence. • The Licensee will live in a Council house at 6 George Street Collarenebri at a market rent of $90.00 per week. (This property is not part of the Reserve Trust.)

Relevant Reference Documents:

Management of the Collarenebri Swimming Pool (Tender No. IST-04-10) Licence agreement for Collarenebri Swimming Pool (R86013) Reserve Trust

24 August 2010 Page 31 of 141 WALGETT SHIRE COUNCIL AGENDA

Stakeholders:

Department of Land and Property Management (LPMA) Walgett Shire Council Collarenebri Community

Financial Implications:

Council to pay the Licensee a total annual payment of $113,897.00 (GST incl) Council to collect an annual rent of $4,680.00 at $90.00 per week for Manager’s residence The annual payment is /is not provided for within the 2010/2011 budget

Collarenebri Swimming Pool (R86013) Reserve Trust 3 year license to Riley Aquatic Management Pty Ltd

Recommendation:

1. That a licence agreement be issued to Riley Aquatic Management Pty Ltd for a three year term for the management of the Collarenebri Swimming Pool (R86013) Reserve Trust being that part of Lot 58 DP 752673

2. That the Mayor and General Manager be authorised to sign the Licence Agreement under the Common Seal of the Collarenebri Swimming Pool (R86013) Reserve Trust.

Moved: Seconded:

Attachments:

Nil

24 August 2010 Page 32 of 141 WALGETT SHIRE COUNCIL AGENDA

3. WALGETT BATHS (R82251) RESERVE TRUST 3 YEAR LICENSE TO RILEY AQUATIC MANAGEMENT PTY LTD

REPORTING SECTION: Urban Infrastructure Services AUTHOR: Siegfredo Coralde - Director UIS Danielle Osborne – Assets Officer FILE NUMBER: 10/110

Summary:

This report recommends that a licence for a 3 year term be issued to Riley Aquatic Management Pty Ltd for the management of the Walgett Baths (R82251) Reserve Trust, effective 1 September 2010.

Discussion (including issues and background):

On 23 March 2010, Council under the Resolution 82/10 UIST-04-10 resolved the following:

In July 2009, Council invited tenders for a one year Management of Walgett Swimming Pool. This had been designed to synchronise with the Collarenebri Swimming Pool tender in 2010. Out of three prospective Tenderers, Council received only one tender from the current operator.

In August 2009, Council re-invited tenders fro a fixed period of 3 years instead on one year. The composition of the contract was amended, and again Council received a single tender from the current operator. Council then moved to enter into negotiation with the current operator to continue managing the Walgett Swimming Pool at the same fixed contract fee. Both parties agreed to extend the contract until March – April 2010 which is the end of the swimming season.

24 August 2010 Page 33 of 141 WALGETT SHIRE COUNCIL AGENDA

The new Lease Agreement. Some highlights of the 3-year agreement are:

• Power to collect all income from entrance fees including the proceeds from the operation of the Council’s kiosk, as has occurred for the past three years. • Payment to the Licensee of the annual lump sum of $160,494 (including GST) will be paid via equal monthly progress payments with the first payment being one month from the commencement date of the licence. • The Licensee will live in a Council house at 30 Montkeila Street, Walgett at a market rent of $180.00 per week.

Relevant Reference Documents:

Management of the Walgett Memorial Swimming Pool (Tender No. UIST-03-10) Licence agreement for Walgett Baths (R82251) Reserve Trust

Stakeholders:

Department of Land and Property Management (LPMA) Walgett Shire Council Walgett Community

Financial Implications:

Council to pay the Licensee an annual payment of $160,494.00 (GST incl) Council to collect an annual rent of $9,360.00 at $180.00 per week for Manager’s residence The annual payment is/is not provided for within the 2010/2011 budget

Walgett Baths (R82551) Reserve Trust 3 year license to Riley Aquatic Management Pty Ltd

Recommendation:

1. That a licence agreement be issued to Riley Aquatic Management Pty Ltd for a three year term for the management of the Walgett Baths (R82551) Reserve Trust.

2. That the Mayor and General Manager be authorised to sign the Licence Agreement under the Common Seal of the Walgett Baths (R82551) Reserve Trust.

Moved: Seconded:

Attachments:

Nil

24 August 2010 Page 34 of 141 WALGETT SHIRE COUNCIL AGENDA

9. Mayoral Minutes

4. WALGETT SHIRE COUNCIL MAYORAL MINUTE – NEW TOILET BLOCK FOR COLLARENEBRI RACECOURSE

COUNCIL MEETING: 24 August 2010 SUBJECT: New Toilet Block for Collarenebri Racecourse FILE NUMBER: 09/782

Summary:

Summary of recent negotiations with regards to the Collarenebri Racecourse (New Toilets) project

Discussion (including issues and background):

Our new General Manager raised the issue of the position with regards to the proposed new toilet block at the Collarenebri Racecourse following representations received from a local resident.

As Council is aware, the proposed toilets were omitted from the 2010/11 baseline capital budget and restored as a project under Round 3 of the Regional and Local Community Infrastructure Programme (RLCIP) at an estimated cost of $50,000.

Unfortunately, work on the RLCIP project can’t be commenced until formal approval is received and this may take three to four week at least because of the Federal election and the fact that all federal projects are currently in ‘Caretaker Mode’.

With the next Collarenebri Race Meeting scheduled for 18 September 2010, questions were being asked about the issue of the delay in commencing the project which had been provided for in the 2009/10 budget.

After several discussions with key stakeholders concerning alternative solutions, including the possible use of a trailer mounted set of toilets, it was agreed that because of the exorbitant costs involved in providing the most suitable alternative (truck mounted facilities at a cost of approximately $3,000 approx) that the old facilities would remain in place for the September race meeting and be supplemented by portaloos.

Work on clearing the site for the demountable facility will be carried out by the committee in the week after the race meeting with the aim being to have the new facilities operating in time for the November rodeo.

In the meantime, design works, activity applications and quotations/tenders can be prepared in anticipation to minimise any delays once the final approval to Round 3 of the RLCIP is received.

Relevant Reference Documents:

Nil

24 August 2010 Page 35 of 141 WALGETT SHIRE COUNCIL AGENDA

Stakeholders:

Walgett Shire Council Users of the Collarenebri Racecourse

Financial Implications:

Revised estimate for the finalisation of this project is $50,000. (This does not included in kind contributions by the Racecourse Committee)

Walgett Shire Council Mayoral Minute – New Toilet block for Collarenebri Racecourse

Recommendation:

1. That the Mayoral Minute with regards to the Collarenebri Racecourse (new toilets) project be received and noted.

Moved: Seconded:

Attachments:

Nil

10. Motions of which Notice has been given Nil

11. Presentation of Petitions Nil

24 August 2010 Page 36 of 141 WALGETT SHIRE COUNCIL AGENDA

12. Councillors Questions with Notice Councillor Greenaway

Question 1:

Why was an advertisement placed in the local papers for a prefabricated toilet building to be supplied to Collarenebri when there are no manufacturers of prefabricated buildings within the Walgett Shire?

Response:

The Director Corporate & Community Services advises that Council’s procedure, established at the request of Councillors, is to advertise locally as well as in other regions dependent on the issue.

Question 2:

Why weren’t the local engineering firms asked to quote to build & supply a grand stand that is required for the Rowena Sports Grounds?

Response:

The Director Urban Infrastructure Services advises that Council obtained four quotes for a grant for a portable stand on skids with a seating capacity of 45-50 persons. Two of these quotes were from local companies which included one from Lightning Ridge and one from Walgett.

He further advises that Council was unsuccessful with the RLCIP grant application as portable equipment such as mobile grandstands are outside the project guidelines.

Question 3:

Why weren’t the electrical contractors within the local area contacted to quote for rewiring the Rowena Hall?

Response:

The Director Corporate & Community Services advises that Council staff use to ring and request quotes from local suppliers. Councillors requested we stop doing that and instead advertise calling for expressions of interest

Councillor Smith

Question 1:

In Wilson Street Collarenebri, there have been 3 incidents where people have tripped and fallen over the footpath sustaining nasty bruises and cuts. The latest was on Thursday where an elderly lady tripped and hit her head and skinned her knee and was taken to hospital by a friend and because we have no doctor in Collarenebri she was kept in hospital for 4 hours for observation. Can we please have this sorted out before someone is seriously injured?

24 August 2010 Page 37 of 141 WALGETT SHIRE COUNCIL AGENDA

Response:

The Director Urban Infrastructure Service advises he found some soft and uneven spots on the paved footpath. Profile elevations in at least one driveway are steep with loose blocks, especially near the kerb and gutters. Considering that the footpath was constructed only three years ago, re- sanding and levelling needs to be done soon to arrest further deterioration.

He further advises that a budget of $15,000 is available this year to start some remedial measures. The Collarenebri Team Leader has been advised to program the work for September 2010.

Question 2:

In relation to the Mungindi Road flood damage, has funding been received for repairs to be made to the road, as it is still only open for one lane of traffic to drive because of the condition of the road which is making it quite dangerous?

Response:

The Director Rural Infrastructure & Support Services advises that preliminary approval has been given to the assessment of the flood damage claim for Gundabloui Road and the works on Regional Roads have been programmed to be completed by September 2010 subject to the impacts of weather.

24 August 2010 Page 38 of 141 WALGETT SHIRE COUNCIL AGENDA

13. Reports of Delegates and Representatives Nil

14. Reservation of items for Debate Nil

15. Reports of Officers

5. DELEGATION OF AUTHORITY BY COUNCIL

REPORTING SECTION: General Manager AUTHOR: Don Ramsland – General Manager FILE NUMBER: 09/1355

Summary:

This report recommends that Council delegates to the General Manager, Mr Donald Henry Ramsland all powers and duties necessary to carry out the functions of that office under Section 335 of the Local Government Act effective from 2 August 2010.

Discussion (including issues and background):

Mr Donald Henry Ramsland commenced as General Manager from 2 August 2010.

Under Section 377 of the Local Government Act 1993 Council may delegate appropriate power, duties and functions to the General Manager.

The functions of General Manager relevant to the operations of Council are as per Section 335 of the Local Government Act 1993.

Relevant Reference Documents:

Local Government Act 1993

Stakeholders:

Walgett Shire Council Mr Don Ramsland

Financial Implications:

Nil

24 August 2010 Page 39 of 141 WALGETT SHIRE COUNCIL AGENDA

Delegation of Authority by Council

Recommendation:

1. That Council delegate to the General Manager, Mr Donald Henry Ramsland, all powers and duties necessary to carry out the functions of that office under Section 335 of the Local Government Act 1993 with the exception of those functions listed under Section 377 (1) of the Local Government Act 1993 as being beyond the power to delegate.

Moved: Seconded:

Attachments:

Nil

24 August 2010 Page 40 of 141 WALGETT SHIRE COUNCIL AGENDA

6. COUNCIL DECISIONS ACTION REPORT–27.07.10

REPORTING SECTION: General Manager AUTHOR: Don Ramsland - General Manager FILE NUMBER: 10/154

Summary:

A Schedule will be provided to each Council Meeting which summarises action taken in respect of matters considered at the previous meeting of Council.

Discussion (including issues and background):

Attached is the Action Report related to the July 2010 Council Meeting. The Report summarises action in respect of all Resolutions as well as any other matter raised at the Meeting which required action. The Report does not repeat Resolutions etc as these are contained in the Minutes of the previous Meeting which are included elsewhere in the Agenda.

Relevant Reference Documents:

Agenda and Minutes of the July 2010 Council Meeting

Stakeholders:

Councillors and Executive Team

Financial Implications:

Nil

Council decisions Action Report – 27.07.10

Recommendation:

1. That the report be received.

Moved: Seconded:

Attachment:

Action Schedule

24 August 2010 Page 41 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 42 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 43 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 44 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 45 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 46 of 141 WALGETT SHIRE COUNCIL AGENDA

7. NAMING OF LIGHTNING RIDGE SKATE PARK

REPORTING SECTION: Corporate and Community Services AUTHOR: Carole Medcalf –Director Corporate and Community Services FILE NUMBER: 09/1360

Summary:

Council advertised for expressions of interest for the naming of the Lightning Ridge Skate Park. Two responses have been received. This report outlines the proposals received, for consideration and determination by Council.

Discussion (including background):

The Lighting Ridge Skate Park, completed in 2009, is a focal point for young people and their families to gather, interact and enjoy. The skate facility currently does not have a formal name.

Expressions of Interest were advertised for the naming of the Skate Park with the following responses:

1. “Safari Park” – proposed by the Lightning Ridge Bush Safari. The Bush Safari have been involved with the development of the Skate Park.

2. “Tyrhys McBride Memorial Park” – proposed by a community member. Tyrhys McBride was a 5 year old local boy who frequented the Park. Tyrhys tragically lost his life, on the 24 March 2010.

Relevant Reference Documents:

Nil

Stakeholders:

Lighting Ridge Skate Park users and community members

Financial Implications:

Cost of purchase and erection of sign which can be med from existing budget.

24 August 2010 Page 47 of 141 WALGETT SHIRE COUNCIL AGENDA

Naming of the Lightning Ridge Skate park

Recommendation:

1. That the Lightning Ridge Skate Park be named “______”.

2. That Community Development staff facilitate consultation with youth to design a sign to be erected at the Park. .

3. That the sign be purchased and erected by Urban Infrastructure staff.

4. That any further improvements to the park be carried out in line with community consultation procedures.

Moved: Seconded:

Attachments:

Letter from Priscilla Hutchinson dated 10 April 2010. Letter from Lightning Ridge Bush Safari dated 24 June 2010.

24 August 2010 Page 48 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 49 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 50 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 51 of 141 WALGETT SHIRE COUNCIL AGENDA

8. WALGETT LIQUOR ACCORD

REPORTING SECTION: Corporate and Community Services AUTHOR: Carole Medcalf – Director Corporate and Community Services FILE NUMBER: 09/1431

Summary:

Walgett Police and Castlereagh Local Area Command are seeking Council support in achieving their goal of re-establishing the Liquor Accord in Walgett, placing restrictions on the sale of alcohol in Walgett.

Discussion (including issues and background):

Reasons for having a liquor accord in Walgett have previously been canvassed with Council. These include: the social impacts of alcohol abuse in Walgett such as vandalism, graffiti, domestic violence and assaults. There are also significant impacts on the destabilisation of families, truancies at school and the impact visually in the main street as a result of previous incidents mostly alcohol related.

Councillors have previously supported working within a Liquor Accord and both Lightning Ridge and Collarenebri are working in that direction now. The previous Accord has been abandoned by licensees after two months. The Police are now considering returning to Director General, Communities NSW to place mandatory conditions on liquor licences and would like a letter of support from Council to that effect. Council staff and elected representatives have been attending Liquor Accord meetings and participated in the discussions.

Relevant Reference Documents:

Nil

Stakeholders:

Walgett Shire Council and residents Walgett Licensed premise proprietors

Financial Implications:

Nil

24 August 2010 Page 52 of 141 WALGETT SHIRE COUNCIL AGENDA

Walgett Liquor Accord

Recommendation:

That Walgett Shire Council resolve to:

5. Write to the Commander Castlereagh Local Area Command offering Council’s support for the implementation of a Liquor Accord in Walgett.

Moved: Seconded:

Attachments:

Nil

24 August 2010 Page 53 of 141 WALGETT SHIRE COUNCIL AGENDA

9. CASH ON HAND AND INVESTMENT REPORT AS AT 31 JULY 2010

REPORTING SECTION: Corporate and Community Services AUTHOR: Myrene Lovegrove – Finance Manager FILE NUMBER: 09/1460

Summary:

This report summarises the cash on hand and investments held by Walgett Shire Council as at 31 July 2010.

Discussion (including issues and background):

Walgett Shire Council operates one primary transaction account with the Commonwealth Bank and invests funds surplus to its operational requirements. The level of funds held in the account at any time reflects the outlook in terms of payments to be made in the short term.

As at 31 July 2010 the operational bank account’s balance was $2,873,251.54. The reconciliation of this balance is:

As at 31 July 2010 Walgett Shire Council’s investment register’s balance was $5,299,360.80. The balance as per the attached investment report comprised:

Term Deposits $5,250,000.00 Floating Rate Collaterized Debt Obligation (CDO) $ 49,360.80

The market values disclosed for the Floating Rate Collaterized Debt Obligation (CDO) are market values as at 31 July 2009 and were supplied by the ANZ Group. The Magnolia Flinders CDO, with a disclosed market value of $35,002.09, has been listed for trade with ANZ Investment Services.

24 August 2010 Page 54 of 141 WALGETT SHIRE COUNCIL AGENDA

As at 31 July 2010 Walgett Shire Council’s total available cash and invested funds were $8,172,612.34 represented by:

Working Account Balance $2,873,251.54 Investments $5,299,360.80

Cash on Hand and Investment Report as at 31 July 2010

Recommendation:

1. That the cash on hand and investment report as at 31 July 2010 be received.

Moved: Seconded:

Attachment:

List of Investments

24 August 2010 Page 55 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 56 of 141 WALGETT SHIRE COUNCIL AGENDA

10. DEBT RECOVERY PROGRESS REPORT

REPORTING SECTION: Corporate & Community Services AUTHOR: Bronwyn Newton – Customer Service Officer - Finance FILE NUMBER: 09/745

Summary:

This report provides a current progress report on the Debt Recovery Action undertaken to recover outstanding arrears.

Discussion (including issues and background):

The total number of debts referred to SR Law as at 30th June 2010 is 520 totalling $1,525,264.52.

As at 30/06/2010, Walgett Shire Council has received a total of $943,447.51 in outstanding rates arrears payments, being 54.64% of the total outstanding arrears referred to SR Law. This represents an improvement of 4.12% since March 2010.

Walgett Shire Council and SR Law continue to have a good working relationship and are successfully recovering the outstanding arrears on Council’s Rates.

Relevant Reference Documents:

Walgett Shire Council – Debt Recovery Flow Report as at 30th June 2010 Summary Report Information Comparison Graph

Stakeholders:

• Walgett Shire Council • Walgett Shire Ratepayers.

Financial Implications:

Decreasing rates outstanding debts and increasing revenue.

Debt Recovery Progress Report

Recommendation:

1. That Council note the Debt Recovery Flow Report and the Summary Report Information Comparison Graph.

Moved: Seconded:

24 August 2010 Page 57 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachments:

Summary Report Information Comparison Graph

24 August 2010 Page 58 of 141 WALGETT SHIRE COUNCIL AGENDA

11. CARRIED FORWARD PROJECTS AS AT 30 JUNE 2010

REPORTING SECTION: Corporate and Community Services AUTHOR: Myrene Lovegrove - Finance Manager FILE NUMBER: 10/233

Summary:

This report presents to Council a list of programs and projects incomplete as at 30 June 2010, to be considered as carried forward items in the 2010/2010 budget.

Discussion (including issues and background):

Several urban infrastructure projects were either works in progress or not commenced as at 30 June 2010.The dollar values listed are the amount not expended in the 2009/2010 financial year. Item with “*” denote projects linked to externally restricted grants and contributions income previously received.

• Burren Junction Bore Baths 2nd Evaporation Pond $ 70,000.00 • Lightning Ridge Toilet Block $ 15,000.00 • Collarenebri Pool Shade Structure $ 19,000.00 • Walgett Cemetery Memorial Wall $ 15,000.00 • Rehabilitation of Walgett Levee Bank $ 66,000.00 * • Lions Car Park Sealing $ 42,000.00 • Walkway to Walli $ 13,000.00 • Tree Replacement – Rowena $ 4,350.00 • Acquisition HACC Dementia Day Care Site $ 60,000.00 • Meeting Room at Cumborah $ 60,000.00 • Lightning Ridge Water Meter Installations $112,000.00 • Walgett Metered Standpipes Replacement $ 60,000.00 • Heating Lightning Ridge Diving Pool $ 22,000.00 • Carinda Water Mains Replacement Program $ 17,000.00 • Walgett Open Water Drains Up-grade $115,000.00

Relevant Reference Documents:

Quarterly Budget Review to 30 June 2010 Walgett Shire Council Management Plan 2010-2014

Stakeholders:

Walgett Shire Council Walgett Shire Ratepayers

Financial Implications:

Net nil change $732,350.00 reduction in capital expenditure in the 2009-2010 budget $732,350.00 increase in capital expenditure in the 2010-2011 budget

24 August 2010 Page 59 of 141 WALGETT SHIRE COUNCIL AGENDA

Carried Forward Projects as at 30 June 2010

Recommendation:

1. That Council fund the following capital items in the 2010-2011 budget.

• Burren Junction Bore Baths 2nd Evaporation Pond $ 70,000.00 • Lightning Ridge Toilet Block $ 15,000.00 • Collarenebri Pool Shade Structure $ 19,000.00 • Walgett Cemetery Memorial Wall $ 15,000.00 • Rehabilitation of Walgett Levee Bank $ 66,000.00* • Lions Car Park Sealing $ 42,000.00 • Walkway to Walli $ 13,000.00 • Tree Replacement – Rowena $ 4,350.00 • Acquisition HACC Dementia Day Care Site $ 60,000.00 • Meeting Room at Cumborah $ 60,000.00 • Lightning Ridge Water Meter Installations $112,000.00 • Walgett Metered Standpipes Replacement $ 60,000.00 • Heating Lightning Ridge Diving Pool $ 22,000.00 • Carinda Water Mains Replacement Program $ 17,000.00 • Walgett Open Water Drains Up-grade $115,000.00

Moved: Seconded:

Attachments:

Nil

24 August 2010 Page 60 of 141 WALGETT SHIRE COUNCIL AGENDA

12. QUARTERLY BUDGET REVIEW AS AT 30 JUNE 2010

REPORTING SECTION: Corporate and Community Services AUTHOR: Myrene Lovegrove - Finance Manager FILE NUMBER: 09/1237

Summary:

This report presents to Council the quarterly budget review for the period ending 30 June 2010

Discussion (including issues and background):

The quarterly review is a statutory requirement under the Local Government (General) Regulations 2005, Part 9, Division 3, Section 203 and is an essential aspect of Council's financial management. A budget review is to be prepared and submitted to Council not later than two months after the end of each quarter.

At the Council meeting on 23 June 2009, Council adopted the 2009-2014 Management Plan, which incorporated the 2009/2010 budget.

The adopted budget provides for an operating surplus of $282,959.00 and a capital deficit of $15,110,280.00.The original operating budget was distributed to the funds as follows:

General Fund $149,557.00 Surplus Water Fund $ 12,220.00 Surplus Sewer Fund $121,479.00 Surplus Waste Fund $ 277.00 Deficit

At subsequent meetings Council amended the budget to provide for an operating deficit of $475,162.00 and a capital deficit of $14,364,624.00. If Council adopts the recommended changes in this report the operating surplus will be $2,011,038.00 and a capital deficit of $15,485,200.00 as at 30 June 2010.

Operating revenue and expenditure relates to supply of services, maintenance and repairs. Capital revenue and expenditure relates to additions and improvements to assets. All budget variations are disclosed on the basis of “materiality”. Materiality is defined by accounting codes and Council’s auditors, Spencer Steer, as a ten percent variance. Walgett Shire Council’s budget has approximately 800 separate ledger items. Council needs to be aware that for example, 800 non-material variances of $1,000 per ledger can impact on the final result for the financial year, but not require budget variations.

The quarterly budget review is based on actual and committed expenditure at a point in time. Currently council staff is working towards completion of the financial statements for the year ending 30 June 2010. The financial statements are based on actual expenditure. Grants are recorded as income at the time they are received. Expenditure is recorded on an accrual basis. As the budget and the financial statements present financial information in different ways and from a different perspective they will produce different results.

24 August 2010 Page 61 of 141 WALGETT SHIRE COUNCIL AGENDA

GENERAL FUND

Increase in operating expenditure/ Decrease in operating revenue: • Higher than expected construction within the shire has increased planning and regulatory services administration expenses by $18,000.00

Decrease in operating expenditure/ Increase in operating revenue: • An additional $545,000.00 in flood damage income was received for regional road repairs. • An additional $200,000.00 in flood damage income was received for local road repairs. • The early receipt of the federal assistance grant road component increased income by $445,000.00 • The early receipt of the federal assistance grant general purpose component increased income by $800,000.00. • Higher than expected construction within the shire has increased planning and regulatory services income by $18,000.00

Increase in capital expenditure/ Decrease in capital revenue: • $40,000.00 less than expected was received from the sale of plant and equipment. • The timber bridge replacement income of $1,637,430 was not received before 30 June 2010. It will be received progressively as work is completed during the 2010- 2011 financial year • $480,000.00 of roads to recovery income was not received prior to 30 June 2010. This amount is expected to be received during the 2010-2011 financial year. • Proceeds of Sale of Dwellings income was $760,000.00 below original budget. • Proceeds of Loan income of $600,000.00 was not received as no additional funds were borrowed during the 2009-2010 financial year. • Changes to the Collarenebri aerodrome resealing project reduced Council’s income by $61,000.00

Decrease in capital expenditure/ Increase in capital revenue: • Changes to the Collarenebri aerodrome resealing project reduced Council’s cost by $115,000.00

Several urban infrastructure projects, totalling $366,350.00 were either incomplete or not commenced as at 30 June 2010, with the following amounts unexpended:

• Burren Junction Bore Baths 2nd Evaporation Pond $70,000.00 • Collarenebri Racecourse -Replace toilet block $ 2,000.00 • Lightning Ridge Toilet Block $15,000.00 • Collarenebri Pool Shade Structure $19,000.00 • Walgett Cemetery Memorial Wall $15,000.00 • Rehabilitation of Walgett Levee Bank $66,000.00 • Lions Car Park Sealing $42,000.00 • Walkway to Wooli $13,000.00 • Tree Replacement – Rowena $ 4,350.00 • Acquisition HACC Dementia Day Care Site $60,000.00 • Meeting Room at Cumborah $60,000.00

24 August 2010 Page 62 of 141 WALGETT SHIRE COUNCIL AGENDA

WATER FUND

Decrease in capital expenditure/ Increase in capital revenue:

Several urban infrastructure projects were either incomplete or not commenced as at 30 June 2010, with the following amounts unexpended:

• Lightning Ridge Water Meter Installations $112,000.00 • Walgett Metered Standpipes Replacement $ 60,000.00 • Heating Lightning Ridge Diving Pool $ 22,000.00 • Carinda Water Mains Replacement Program $ 17,000.00

SEWER FUND

Decrease in capital expenditure/ Increase in capital revenue:

Several urban infrastructure projects were either incomplete or not commenced as at 30 June 2010, with the following amounts unexpended:

• Walgett Open Water Drains Up-grade $115,000.00 • Walgett Sewage Treatment Plant Renewal $ 50,000.00 • Walgett Sewage Pump Stations - Mechanical Renewal – Levee $100,000.00 • Walgett Oxidation Pond Upgrade - Plans and Study $58,000.00 • Walgett Telemetry Implementation $10,000.00 • Collarenebri Sewage Pump Stations - Mechanical Upgrades $80,000.00 • Collarenebri Telemetry Implementation $ 5,000.00

Relevant Reference Documents:

Quarterly Budget Review to 30 June 2010 Walgett Shire Council Management Plan 2009-2014

Stakeholders:

Walgett Shire Council Walgett Shire Ratepayers

Financial Implications:

As outlined in report

24 August 2010 Page 63 of 141 WALGETT SHIRE COUNCIL AGENDA

Quarterly Budget Review as at 30 June 2010

Recommendation:

That Walgett Shire Council resolve to:

1. Note the quarterly budget review for the period to 30 June 2010 and adopt the changes as recommended. a. Add a capital budget income ledger of $1,637,430.00 for the regional timber bridge partnership program to the 2010-2011 budget. b. Add a budget income ledger of $480,000.00 for roads to recovery income to the 2010-2011 budget.

Moved: Seconded:

Attachments:

Quarterly Budget Review

24 August 2010 Page 64 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 65 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 66 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 67 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 68 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 69 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 70 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 71 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 72 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 73 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 74 of 141 WALGETT SHIRE COUNCIL AGENDA

13. COMMUNITY ASSISTANCE SCHEME DONATIONS -2010/2011 BUDGET

REPORTING SECTION: Corporate & Community Services AUTHOR: Susie Jones – Senior Finance Officer FILE NUMBER: 10/405

Summary:

This report identifies requests for financial assistance from Council through the Community Assistance Scheme 2010/2011 and under Section 356 of the Local Government Act 1993

This is the first (of two) rounds of requests for financial assistance for the 2010/2011 financial year.

Discussion (including issues and background):

Applications have been received from community organisations for financial assistance under the Community Assistance Scheme. The scheme was advertised shire wide, with applications closing 2 August 2010.

Applicants must be non-profit organisations and based in, or affiliated with, Walgett Shire. Donations are generally in the region of $500-$1000, and are limited to one donation per organisation per year.

The Community Assistance Scheme objectives are to: • Support charities and community projects, events and activities which occur within the Walgett Shire area, and are a benefit to the community; • Foster or support new services, initiatives and resources within the Shire; • Improve awareness and use of community services and resources within the Shire; • Encourage increased participation in local community events within the Shire.

Relevant Reference Documents:

WSC Procedures – AFM – Requests for Assistance Section 356 Local Government Act 1993 Local Government (General) Regulation 2005 Walgett Shire Council Management Plan 2009 - 2014

Stakeholders:

Walgett Shire Council Various community organisations

Financial Implications:

An amount of $15,300.00 has been provided for in the 2010/2011 Budget in accordance with Section 356 of the Local Government Act 1993. This is to be utilised between the two rounds of funding as well as a nominal amount to be utilised in the advertising of the scheme (this came to $324 in 2009/2010).

24 August 2010 Page 75 of 141 WALGETT SHIRE COUNCIL AGENDA

Community Assistance Scheme Donations – 2010/2011 Budget

Recommendation:

1. That Council applies funds for financial assistance under section 356 of the Local Government Act 1993 for the second round of 2010/2011 as follows:

Organisation Project Request Cost of Recommended Beneficiaries Project / Activity 1 Collarenebri Jockey Compulsory Ambulance $1,102.00 $1,102.00 $1,102.00 Local Collarenebri Club costs for September 18th community and other Race Meeting attenders of the races 2 Carinda and District Advertising and Promotion $500.00 $500.00 $500.00 Local Carinda community Race Club of Race Day and attenders of Race day 3 Goodooga - Lightning Annual Wool Day - subsidy $1,000.00 $3,000.00 $1,000.00 Local community groups Ridge CWA for cost of lunch including children with special needs, women and children in crisis and youth 4 Walgett District Pony Annual Pony club Camp - $2,030.00 $2,030.00 $1,900.00 Young people engaging in Club costs of hiring the equestrian activities showground 5 Anglican Councling On-going counciling service $4,500.00 $18,900 $1,900.00 Lightning Ridge Community Service in visits to Lightning Ridge - 5 conjunction with the additional visits for 2010 Lightning Ridge Community Church 6 Parents and Friends Regional Choir camps for $1,000.00 $7,250 $1,000.00 St Joseph's Catholic School Association of St the 13 Children who have and community Joseph's Catholic been selected to sing in the School regional Choir TOTAL: $10,132.00 $32,782.00 $7,402.00

Moved: Seconded:

24 August 2010 Page 76 of 141 WALGETT SHIRE COUNCIL AGENDA

14. COMMUNITY LAND – DRAFT PLANS OF MANAGEMENT

REPORTING SECTION: Corporate and Community Services AUTHOR: Carole Medcalf – Director Corporate and Community Services FILE NUMBER: 10/253

Summary:

Council is required to prepare a Plan of Management for the use of public land in the Shire vested in Council and classified Community. A Plan of Management can relate to one or more areas of community land. There are separate procedures and requirements depending on types of land.

Discussion (including issues and background):

Council is required by the Local Government Act 1993 to have Plans of Management for its community land. Attached are several draft Plans of Management relating to the following sites:

. The former Walgett Shire Council Chambers . Burren Junction Swimming Pool . Walgett Youth Centre . Nature Strip and Airport Buffer, Walgett . Stormwater drainage channels in Pandora Street, Lightning Ridge and Fox Street, Walgett . Parks in Carinda, Burren Junction, Walgett, Rowena and Collarenebri . Car parks in Walgett . Halls in Burren Junction and Carinda

Section 36 of the Local Government Act 1993 states: (1) A council must prepare a draft plan of management for community land. (2) A draft plan of management may apply to one or more areas of community land, except as provided by this Division. (3) A plan of management for community land must identify the following: (a) the category of the land, (b) the objectives and performance targets of the plan with respect to the land, (c) the means by which the council proposes to achieve the plan’s objectives and performance targets, (d) the manner in which the council proposes to assess its performance with respect to the plan’s objectives and performance targets, and may require the prior approval of the council to the carrying out of any specified activity on the land.

24 August 2010 Page 77 of 141 WALGETT SHIRE COUNCIL AGENDA

(3A) A plan of management that applies to just one area of community land: (a) must include a description of: (i) the condition of the land, and of any buildings or other improvements on the land, as at the date of adoption of the plan of management, and (ii) the use of the land and any such buildings or improvements as at that date, and (b) must: (i) specify the purposes for which the land, and any such buildings or improvements, will be permitted to be used, and (ii) specify the purposes for which any further development of the land will be permitted, whether under lease or licence or otherwise, and (iii) describe the scale and intensity of any such permitted use or development.

(4) For the purposes of this section, land is to be categorised as one or more of the following: (a) a natural area, (b) a sportsground, (c) a park, (d) an area of cultural significance, (e) general community use.

(5) Land that is categorised as a natural area is to be further categorised as one or more of the following: (a) bushland, (b) wetland, (c) escarpment, (d) watercourse, (e) foreshore, (f) a category prescribed by the regulations. (6) The regulations may make provision for or with respect to the categorisation of community land under this section, including: (a) defining any expression used in subsection (4) or (5), and (b) prescribing guidelines for the categorisation of community land and the effect of any guidelines so prescribed.

At this point nothing has been brought to Council’s attention to indicate any of the areas covered by the draft Plans attached fit the following categories:

. habitat of endangered species, . habitat of threatened species, . land containing significant natural features, . areas of cultural significance.

Section 38 of the Local Government Act 1993 Act states:

(1) A council must give public notice of a draft plan of management. (2) The period of public exhibition of the draft plan must be not less than 28 days. (3) The public notice must also specify a period of not less than 42 days after the date on which the draft plan is placed on public exhibition during which submissions may be made to the council. (4) The council must, in accordance with its notice, publicly exhibit the draft plan together with any other matter which it considers appropriate or necessary to better enable the draft plan and its implications to be understood.

24 August 2010 Page 78 of 141 WALGETT SHIRE COUNCIL AGENDA

Should Council adopt the draft Plans of Management they will need to be publicly exhibited for a period of at least 42 days to allow for submissions to be received from the community about the Plans. After consideration of any submissions received, Council must decide to either amend or adopt the Plans. If any amendments are made a determination must be made regarding the significance of the amendments. If they are significant then the amended Plan must be exhibited. If Council adopts the Plans then Public Notice must be given of the adoption.

Relevant Reference Documents:

. Draft Plan of Management: The former Walgett Shire Council Chambers . Draft Plan of Management: Burren Junction Swimming Pool . Draft Plan of Management: Walgett Youth Centre . Draft Plan of Management: Nature Strip and Airport Buffer, Walgett . Draft Plan of Management: Stormwater drainage channels in Pandora Street, Lightning Ridge and Fox Street, Walgett . Draft Plan of Management: Parks in Carinda, Burren Junction, Walgett, Rowena and Collarenebri . Draft Plan of Management: Car parks in Walgett . Draft Plan of Management: Halls in Burren Junction and Carinda

Stakeholders:

Walgett Shire Council and residents

Financial Implications:

Maintenance in annual budget

Community Land – Draft Plans of Management

Recommendation:

That Walgett Shire Council resolves to:

1. Exhibit the Draft Plans of Management for Community Land for * The former Walgett Shire Council Chambers * Burren Junction Swimming Pool * Walgett Youth Centre * Nature Strip and Airport Buffer, Walgett * Stormwater drainage channels in Pandora Street, Lightning Ridge and Fox Street, Walgett * Parks in Carinda, Burren Junction, Walgett, Rowena and Collarenebri * Car parks in Walgett * Halls in Burren Junction and Carinda for a period of 44 days from the time the draft plans are put on public exhibition at the Shire Chambers, Walgett and Lightning Ridge libraries, Collarenebri Agency and Burren Junction store.

2. Give public notice of the exhibition period and call for submissions regarding the draft Plans of Management from the community.

Moved: Seconded:

24 August 2010 Page 79 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachments:

. Draft Plan of Management: The former Walgett Shire Council Chambers . Draft Plan of Management: Burren Junction Swimming Pool . Draft Plan of Management: Walgett Youth Centre . Draft Plan of Management: Nature Strip and Airport Buffer, Walgett . Draft Plan of Management: Stormwater drainage channels in Pandora Street, Lightning Ridge and Fox Street, Walgett . Draft Plan of Management: Parks in Carinda, Burren Junction, Walgett, Rowena and Collarenebri . Draft Plan of Management: Car parks in Walgett . Draft Plan of Management: Halls in Burren Junction and Carinda

24 August 2010 Page 80 of 141 WALGETT SHIRE COUNCIL AGENDA

15. COMMUNITY DEVELOPMENT WORKER POSITION

REPORTING SECTION: Corporate and Community Services AUTHOR: Carole Medcalf –Director Corporate and Community Services FILE NUMBER: 09/1763

Summary:

This report was presented at the May 2010 Council meeting where a motion was carried that this item would be deferred for consideration at the June 2010 Council meeting. Following the resignation of the former General Manager it was proposed by Council that the report be given to him to enable his recommendation to come to Council.

The position of Community Development Officer (CDO) was endorsed by Council for a twelve (12) month period. This report provides a review of the position and makes a recommendation for the retention of the position within the Community Development Team.

Discussion (including issues and background):

At the 24 March 2009 Council meeting the recommendation was made that the vacant Visitor Information Centre position be transferred to a CDO position, pending review after twelve (12) months time. The CDO role with Walgett Shire Council was developed to;

• Facilitate social, cultural, recreational and community development opportunities within the Walgett Shire local area. • Deliver objectives and strategies of the Walgett Shire Social and Community Plan.

The CDO sits within the Community Development Team which is made up of;

Aboriginal Community Liaison Officer (ACLO) – This role deals specifically with Aboriginal issues and contributes to the development and implementation of the Aboriginal and Torres Strait Islander Reconciliation Plan.

Youth Development Officer (YDO) – The YDO and team of youth workers implement the Walgett Shire Council’s Youth Development Strategy. These workers focus on children and young people aged 5 – 18 years old.

The existing positions, outlined above, focus on children, youth and Aboriginal people, leaving a significant gap in community development services to the remainder of the community. The gap is significant for the following reasons;

Domestic violence Out of the 120 LGAs in the north western statistical area, Walgett is ranked second highest for incidences of domestic violence related assault*. Violence against women affects the whole community and is a crime that requires an integrated community response.

Other crime Out of the 120 LGAs in the north Western statistical area, Walgett is ranked first highest for break and enter – dwelling, second highest for incidences of non domestic violence related assault and third highest for incidences related to break and enter –non dwelling and liquor offences*. *Bureau of Crime Research and Statistics> LGA rankings> 2009.

24 August 2010 Page 81 of 141 WALGETT SHIRE COUNCIL AGENDA

Culturally and linguistically diverse community (CALD) Lightning Ridge has a significant CALD community who are under resourced by service providers. Council has a responsibility to make multicultural principles and objectives part of core business through the implementation of a Multicultural Policies and Services Plan (MPSP).

Community capacity building It is widely accepted that a community that has opportunity to interact, develop and build their skills will produce healthy and resilient citizens. This includes providing opportunities for cultural expression that are reflective of community need.

The points above summarise areas requiring significant community development work that could not be addressed by the ALO and YDO alone.

Review of CDO role

To date, the existence of the CDO position has enabled the Community Development Team to address the above critical community issues as follows;

Community issue Progress Throughout Walgett Shire, partnerships have been developed and strengthened; • Yawarra Meamei Women’s Group, Lightning Ridge (planning & participation in White Ribbon Week and Reclaim the Night march, Lightning Ridge) • Walgett Domestic Violence Prevention Legal Service (planning and participation, Reclaim the Night march, Walgett) • Networking with established and new service providers to promote understanding of domestic violence related Domestic violence issues in Walgett Shire, through Interagency Meetings at Lighting Ridge and Walgett. Early Childhood Network, Walgett, and Early Childhood Interagency in Lightning Ridge. • Support and advocacy for availability of forensic collection of evidence for victims of rape in Walgett Shire through Lightning Ridge Health Advisory Council, and other agencies. • Event convener for Behind Closed Doors, Domestic & Family Violence Awareness Forum. May 17 – 19th 2010.

Active involvement with the Lightning Ridge Crime Safety Committee in the development and review of the Lightning Ridge Crime Safety Plan. A crime safety plan project, in accordance with the Attorney Other crime General’s Department guidelines has been developed. This project is ready to progress, following consultation with Police and other stakeholders. A safety information tool has been developed to assist service providers and community members to obtain resources and

24 August 2010 Page 82 of 141 WALGETT SHIRE COUNCIL AGENDA

Community issue Progress information regarding safety issues. Co – ordination of the Walgett Community Drug Action Team to support and develop harm minimisation approaches to drug and alcohol issues. Research has been carried out to determine best practice models for the proposed Walgett Community Patrols Project.

A strong working relationship has been continued with the Lightning Ridge Trans Cultural Community Council Inc., (LRTCC) and their service, the Migrant Information and Referral Service including: • Multicultural mapping project - this project will help to determine more accurately the diversity of the CALD community in Walgett Shire, the assets the CALD Culturally and linguistically community bring to the Shire and the services which are diverse community (CALD) required. • Aged population survey – in partnership with LRTCC Council will gain information regarding the ageing population of older people with CALD backgrounds. This information will assist Council with strategic planning. • Involvement with planning and implementation of multi- cultural celebrations and events such as Harmony Day.

Lightning Ridge Gym – assistance with service sustainability by sourcing and initiating appropriate training for volunteers. Assisting organisations to source and apply for funding opportunities including Lightning Ridge Olympic Pool Inc (Electrical work for Lightning Ridge Indoor Swimming, Diving & Climbing Centre), Lighting Ridge Easter Festival Committee (2011 Lightning Ridge Easter Festival). Expand community access to Library services, with a program Community capacity building for pre-school children and their parents and carers in Lightning Ridge Provide opportunity for cultural development including community interest groups and co-ordination of touring performers to the Shire. Working with organisations and agencies to develop event facilitation (Children’s Week celebrations, Harmony Day celebrations, International Women’s day, Seniors Week, International Day of People with a Disability function).

Future of the CDO role

Council is required to consult with community members, understand community quality of life and develop equitable responses to community needs. The draft Community Plan 2010 - 2014 provides for a number of actions that are a result of community consultation. The Community Plan addresses the whole community and, while many actions will be facilitated under the Youth Strategy and Aboriginal and Torres Strait Islander Reconciliation Plan, there are many areas identified by community and the Department of Local Government that

24 August 2010 Page 83 of 141 WALGETT SHIRE COUNCIL AGENDA

require ongoing and focussed community work, such as an ageing population strategy and implementation, affordable housing priorities, especially relevant in Lightning Ridge with its opal fields population and the migrant communities that have been assisted by the CDO position.

Best practice community development approaches involve long term relationship building and a commitment to working alongside communities. The creation of the CDO role has enabled focussed community development to commence. In order to reach the desired social indicators, outlined in the Community Plan 2010-2014, it is critical that progress be continued.

The CDO role within the Community Development Team demonstrates Council’s long term commitment to genuine community building and to fulfilling the actions outlined in the Community Plan 2010-2014.

By contrast the needs of Walgett and the Shire for tourism are currently being adequately addressed with existing staff. The planned tourism developments into the near future (approximately 5 years) will be able to be met by existing staff working in concert with community members.

Relevant Reference Documents:

Walgett Shire Council Community Plan 2010-2014 Aboriginal and Torres Strait Islander Reconciliation Plan 2007- 2010 Walgett Shire Youth Development Youth Strategy 5 Year Plan 2009-2014

Stakeholders:

Walgett Shire community members

Financial Implications:

Nil

Community Development Worker Position

Recommendation:

1. That the Community Development Officer position be made a permanent position within the Community Development Team and the Tourism Officer position be deleted..

Moved: Seconded:

24 August 2010 Page 84 of 141 WALGETT SHIRE COUNCIL AGENDA

16. URBAN ADDRESSING FOR WALGETT SHIRE

REPORTING SECTION: Planning and Regulatory Services AUTHOR: James Abel - GIS Coordinator FILE NUMBER: 10/181-05

Summary:

This report provides an update on the urban addressing program. It recommends that Walgett Shire Council note and endorse the recommended street numbers for Burren Junction, Carinda, Cumborah and Rowena.

Discussion (including issues and background):

A project to establish standardised urban addresses within Walgett Shire commenced in April 2010. During June 2010, Council allocated street numbers within the urban area of Collarenebri. All owners of infrastructure within the town have since been notified of their new urban address number in writing. Work is progressing on providing building owners with a reflective street number plate.

A draft allocation of street numbers, in accordance with Australian Standard Geographic Information – Rural and Urban Addressing AS 4819:2003, has been established for villages in the Shire as follows.

BURREN JUNCTION: - There is no consistent width for street frontage of lots within Burren Junction. The majority of residential and business lots on the southern end of the urban area have a frontage of 15 metres whilst the remaining vary from 15 to 50 metres.

As a result, urban numbers within the Burren Junction urban area have been allocated on a street by street basis; • Based on the average width of the street frontage for the majority of lots in each street. • Any lots exceeding 40 metres street frontage have been allocated a range of numbers to allow for any subdivision that may occur in the future.

See Attachment A for the recommended number allocation.

CARINDA: - The majority of lots within Carinda have a 40 metre wide street frontage, although there are many that also have 20 metre street frontage.

As a result, urban numbers within the Carinda urban area have been allocated based on a 20 metre wide street frontage. Any lots equal to or exceeding 40 metres of frontage have been allocated a range of numbers to allow for any future subdivision.

See Attachment B for the recommended number allocation.

24 August 2010 Page 85 of 141 WALGETT SHIRE COUNCIL AGENDA

CUMBORAH: - The majority of lots within the urban area of Cumborah have a 40 metre wide street frontage and eight that have 20 metres. Four of the 20 metre lots are located in Walgett Street and have no buildings. The remaining four parcels, located in Milrae Street and Narrabri Street, have two adjoining lots at each location and have a house straddling the adjoining lots.

As a result, urban numbers within the Cumborah urban area have been allocated based on; • A 40 metre street frontage width. • Four of the parcels of land that have a 20 metre street frontage have been allocated an additional suffix of “a” (the whole number without the suffix will be assigned to the buildings that are straddling lots).

Given the availability of vacant lots in Cumborah at this time, and the amount of available land surrounding the village, it seems that there is greater potential for future consolidation than subdivision.

See Attachment C for the recommended number allocation.

ROWENA: - Street width frontage for lots at Rowena varies from 15 to 60 metres, with the majority at 40 metres.

As a result urban addressing numbers within the Rowena urban area have been allocated based on; • Generally on a 40 metre width street frontage, although some numbers have also been allocated to parcels that have a narrower street frontage. An exception to this has been made in Shaw Street where lots 1 and 2, DP 330378 have a frontage of 20 metres each but adjoin each other and have a house straddling the two parcels of land. In this instance a suffix of “a” has been allocated to the second of the two parcels although the first whole number will be used to address the building. • Any lots exceeding 40 metres have been allocated a range of numbers to allow additional numbers to be allocated if there is any future development or subdivision.

See Attachment D for the recommended number allocation.

A minority of lots within the villages have multiple buildings which will need number allocation on a case by case basis. Several corner lots will also require clarification regarding their primary access, hence street address.

PUBLIC NOTIFICATION Once the street numbers have been allocated, the next phase of the project will be to inform the community via: • Letters to each building owner regarding their allocated street address. • Street number maps displayed at; o Burren Junction Service Station, o Carinda General Store, o Community notice board, Cumborah, o Rowena General Store. • Street number maps published on Council’s web site. • Street number maps supplied to the NSW Police, Ambulance, SES, RFS.

24 August 2010 Page 86 of 141 WALGETT SHIRE COUNCIL AGENDA

STREET NUMBER PLATES

Aerial photography shows there is about 189 buildings requiring street numbers in the villages of Burren Junction, Carinda, Cumborah and Rowena.

Council is currently acquiring street number plates for Collarenebri building owners which consist of a 100mm tall aluminium plate with a reflective yellow background and an adhesive 80mm tall black sticker attached. Each plate will also have a transparent seal placed over the top of the sticker that is graffiti proof and should assist to combat weathering or vandalism caused by stickers being removed.

Similar plates will be ordered for building owners at Burren Junction, Carinda, Cumborah and Rowena.

Building owners will be responsible for fixing the number in an appropriate place.

These plates will cost $6.00 for single digit number plates and $7.00 for two digit number plates. The total cost of plates for the four villages is anticipated to be about $1300.

Relevant Reference Documents:

* Australia/New Zealand Standard - Geographic information - Rural and urban addressing. AS/NZS 4819:2003

Stakeholders:

Walgett Shire Council, landowners, residents, emergency service providers, utility providers etc.

Financial Implications:

Signage costs will be met from an existing budget allocation of $20,000.00 for this project.

Urban Addressing For Walgett Shire

Recommendation:

That Walgett Shire Council resolve to:

1. Note and endorse the draft street number maps for Burren Junction, Carinda, Cumborah and Rowena, as prepared by Council’s Geographic Information Systems Coordinator.

Moved: Seconded:

Attachments:

Attachment A – Provisional Burren Junction street number map 2010 Attachment B – Provisional Carinda street number map 2010 Attachment C – Provisional Cumborah street number map 2010 Attachment D – Provisional Rowena street number map 2010

24 August 2010 Page 87 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachment A – Provisional Burren Junction street number map 2010

24 August 2010 Page 88 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachment B – Provisional Carinda street number map 2010

24 August 2010 Page 89 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachment C – Provisional Cumborah street number map 2010

24 August 2010 Page 90 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachment D – Provisional Rowena street number map 2010

24 August 2010 Page 91 of 141 WALGETT SHIRE COUNCIL AGENDA

17. DEVELOPMENT AND COMPLYING DEVELOPMENT CERTIFICATE APPLICATIONS

REPORTING SECTION: Planning and Regulatory Services AUTHOR: Matthew Goodwin – Director Planning & Regulatory Services FILE NUMBER: 09/1367

Summary:

This report provides a summary of the Development and Complying Development Certificate applications recently processed under delegated authority.

Discussion (including issues and background):

The table following this report provides details of Development Applications (DA) and Complying Development Certificate (CDC) applications dealt with under delegated authority by the Director Planning and Regulatory Services and General Manager during July 2010.

Document type 20 represents Development Applications, while document type 24 represents Complying Development Certificates.

Relevant Reference Documents:

Files for the respective Development and Complying Development Certificate applications

Stakeholders:

Public and applicants

Financial Implications:

Nil

Development and Complying Development Certificate Applications

Recommendation:

That Walgett Shire Council resolve to:

1. Note the report on Complying Development Certificate and Development Applications dealt with under delegated authority by the Director Planning and Regulatory Services or General Manager during July 2010.

Moved: Seconded:

Attachments:

A – Report on DAs and CDCs issued during July 2010

24 August 2010 Page 92 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 93 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 94 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 95 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 96 of 141 WALGETT SHIRE COUNCIL AGENDA

18. STRATA SUBDIVISION & EASEMENT, GILBERT STREET UNITS

REPORTING SECTION: Planning and Regulatory Services AUTHOR: Matthew Goodwin – Director Planning & Regulatory Services FILE NUMBER: 10/242

Summary:

This report recommends that Council authorise the Mayor and General Manager to sign documentation associated with the strata subdivision, and an easement to drain sewage, on lot 31, DP 226373 located in Gilbert Street and Arthur Streets, Walgett.

Discussion (including issues and background):

On 14 January 2010 Walgett Shire Council issued development consent 2009/033 for the strata subdivision of lot 31, DP 226373 located in Gilbert Street and Arthur Streets, Walgett. The site contains six 2 bedroom units and two 3 bedroom units. Ii is owned by Walgett Shire Council and is used for staff accommodation.

A separate title is required for each unit to enable some of them to be sold. Given that the units share features such drive ways, this could only be done via a strata subdivision.

As shown in the plan below, Council sewer mains pass through lot 31. Easements are required to protect the sewer mains from inappropriate development, as per Council’s policy titled “P&R Building Near Council Water, Sewerage or Stormwater Systems”, adopted 23 March 2010.

Consideration was given to not establishing an easement, but this was regarded as inappropriate because it would: • Significantly increase the risk of inappropriate development occurring over the sewer main. • Reduce options available for Council to address inappropriate development, if it occurs. • Be inconsistent with Council’s policy.

In the above context, Council’s solicitors and surveyor were instructed to prepare a strata subdivision plan and Section 88B instrument that would create an easement to drain sewage. These documents are included as Attachments A and B respectively.

24 August 2010 Page 97 of 141 WALGETT SHIRE COUNCIL AGENDA

Relevant Reference Documents:

• Development Application file 2009/033, for the strata subdivision of the Gilbert St units. • Walgett Shire Council policy titled “P&R Building Near Council Water, Sewerage or Stormwater Systems”, adopted 23 March 2010.

24 August 2010 Page 98 of 141 WALGETT SHIRE COUNCIL AGENDA

Stakeholders:

Walgett Shire Council

Financial Implications:

Surveying and legal costs associated with the strata subdivision are being met from the existing budget.

Strata Sub division & Easement , Gilbert Street, Units

Recommendation:

That Walgett Shire Council resolve to:

1. Authorise the Mayor and General Manager to sign and affix the common seal of Walgett Shire Council to plans for the strata subdivision of lot 31 in DP 226373, located in Gilbert Street, Walgett, and the associated instrument under section 88B of the Conveyancing Act 1919 to establish an easement to drain sewage.

Moved: Seconded:

Attachments:

A – Strata subdivision plan for lot 31 in DP 226373, Gilbert Street, Walgett B – Section 88B instrument to create easement to drain sewage

24 August 2010 Page 99 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachment A – Strata subdivision plan for lot 31 in DP 226373, Gilbert Street, Walgett

24 August 2010 Page 100 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachment B – Section 88B instrument to create easement to drain sewage

24 August 2010 Page 101 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 102 of 141 WALGETT SHIRE COUNCIL AGENDA

19. PROPOSAL FOR RELIEF REGULATORY OFFICER SERVICES

REPORTING SECTION: Planning and Regulatory Services AUTHOR: Matthew Goodwin – Director Planning & Regulatory Services FILE NUMBER: 09/1455

Summary:

Recently Walgett Shire Council received a proposal from Narrabri Shire Council to supply relief regulatory officer services. It is recommended that Council accept the offer for a 12 month period.

Discussion (including issues and background):

Walgett Shire Council employs a single permanent regulatory officer whose core duties include: • Operating as an authorised officer under the Companion Animals Act 1998 and Impounding Act 1993 to deal with stray animals, aggressive dogs, micro-chipping and registration, destruction of impounded/surrendered animals that cannot be relocated. • Community education regarding responsible pet ownership. • Monitoring and enforcement of signage on Council land and Crown Reserves under Council control. • Operating as an authorised officer under the Protection of the Environment Operations Act 1997 to address inappropriate littering or waste disposal. • Collecting potable drinking water samples from Council operated water supplies and river water (algal) samples.

Periodically the regulatory officer is absent for a week or more due to annual leave or the like. In recent years the basic duties of the position have been maintained, where possible, using other Planning and Regulatory Services Division staff or a casual regulatory officer. Because of the restricted range of skills available, neither of these methods has enabled all services to be maintained.

In conjunction with a period of extended absence by the current regulatory officer, Walgett Shire Council recently advertised for a casual regulatory officer over two periods: • Initially: - In the council column within the Walgett Spectator and Ridge News for the week beginning 31 May 2010 (closing date of 15 June). An advertisement was also placed in the North Western Magazine (which comes as an insert in local papers). No applications were received. • Subsequently:- A second period of advertising was undertaken via the Walgett Spectator and Ridge News during the week beginning 21 June 2010, with a closing date for applications of 5 July 2010. Council received one application from an individual and a proposal from Narrabri Shire Council to supply relief regulatory officer services.

24 August 2010 Page 103 of 141 WALGETT SHIRE COUNCIL AGENDA

Walgett Shire Council’s Human Resources Manager, Sam Bandula, and Director Planning and Regulatory Services, Matthew Goodwin, have worked with Narrabri Shire Council staff to modify the proposal document to reflect Walgett Shire’s needs. Attachment A is the modified draft agreement from Narrabri Shire Council to supply local law enforcement and companion animals compliance services to Walgett Shire Council. Key elements of the proposal include: • Narrabri Shire providing a regulatory officer when Walgett Shire’s permanent regulatory officer is absent for an extended period (for example on annual leave or sick leave). • Narrabri Shire provides the regulatory officer’s equipment, vehicle, insurance, etc. • Walgett Shire pays an hourly rate to Narrabri Shire (including travelling time), plus meals and accommodation expenses.

The perceived key advantages and disadvantages of the agreement are summarised in the table below.

ADVANTAGES DISADVANTAGES A skilled person is significantly more An opportunity for local casual employment productive and training will be lost Person who resides in another area is likely Cost may be slightly higher to be less vulnerable to intimidation Establishes a practical resource sharing About four hours per week would be ‘lost’ as arrangement with an adjoining Shire travelling time Less oversight and training input required Sharing of knowledge and skills between employees from different shires

In summary the benefits of the proposal are currently perceived to be greater than any disadvantages. Ultimately the success or failure of any agreement would depend on several factors, including: • Skill, experience and productivity of staff supplied by Narrabri. • Availability of staff when required by Walgett Shire.

Relevant Reference Documents:

Practice Note 12 – Resource Sharing for Local Government, July 1995, Department of Local Government.

Stakeholders:

Walgett Shire Council, Narrabri Shire Council, public

24 August 2010 Page 104 of 141 WALGETT SHIRE COUNCIL AGENDA

Financial Implications:

It is expected that using Narrabri Shire Council staff will cost approximately: $3,300 per week. Based on a 38 hour week at $65 per hour, plus about $200 per day for meals and accommodation. This equates to about $86 per hour. $26,500 per year. This is based on 8 weeks of service.

Current direct costs for Council’s permanent regulatory officer are about $42 per hour. As a result an additional expenditure of about $13,376 per year ($44 extra X 38 hour week X 8 weeks) would be incurred by engaging Narrabri Shire Council to provide relief regulatory officer services.

The additional cost could be offset by adopting the budget variations contained within the recommendations below.

Proposal for Relief Regulatory Officer Services

Recommendation:

That Walgett Shire Council resolve to:

1. Note the draft agreement from Narrabri Shire Council to supply relief regulatory officer services. 2. Endorse the General Manager entering into an agreement with Narrabri Shire Council to supply relief regulatory officer services for a twelve month period. 3. Make the following budget variations to fund the engagement of Narrabri Shire Council to provide relief regulatory officer services by: (a) Creating a new expenditure line item titled “Relief regulatory officer” for $13,000. (b) Decreasing the existing budget for “Legal costs” from $5,000 to $3,000 ($2,000 reduction). (c) Decreasing the existing budget for “Pesticide pit remediation” from $68,192 to $57,192 ($11,000 reduction).

4. Request the General Manager to provide a report on the effectiveness of the agreement for Narrabri Shire Council to supply relief regulatory officer services near the completion of the twelve month period.

Moved: Seconded:

Attachments:

A – Draft agreement for Narrabri Shire Council to supply relief regulatory officer services

24 August 2010 Page 105 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachment A – Draft agreement for Narrabri Shire Council to supply regulatory officer services

24 August 2010 Page 106 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 107 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 108 of 141 WALGETT SHIRE COUNCIL AGENDA

20. GROWTH STRATEGY & LOCAL ENVIRONMENTAL PLAN

REPORTING SECTION: Planning and Regulatory Services AUTHOR: Matthew Goodwin – Director Planning & Regulatory Services FILE NUMBER: 09/1109

Summary:

This report provides an overview of the current status the Walgett Shire Growth Management Study and Strategy and Walgett Shire Local Environmental Plan project. It is recommended that Council act to finalise the Walgett Shire Growth Management Study and Strategy and proceed with the development of a draft Local Environmental Plan, while deferring a Walgett Shire Rural Residential Strategy.

Discussion (including issues and background):

In 2004 Walgett Shire Council received a planning reform fund grant of $70,000 (excluding GST) from the Department of Planning, which Council matched on a dollar for dollar basis. This resulted in a $140,000 budget for a project to prepare the: * Walgett Shire Growth Management Study and Strategy (GMS), and; * Walgett Shire Local Environmental Plan (LEP).

In conjunction with the grant, Council entered into a memorandum of understanding (MOU) with the Department of Planning that the project would be completed by 30 September 2008.

The following key project milestones within the MOU have been met. 1. Project brief, completed 2003. 2. Public meetings regarding issues (public consultation 1) completed November 2004. 3. Public release of draft issues paper (public consultation 2) completed June 2005. 4. Final issues paper, completed 2005. 5. Preparation of draft rural and urban land use strategy, completed 2005. 6 Department of planning and state government agency endorsement of draft strategy. 7. Council adoption of draft strategy for public exhibition, completed August 2007. 8. Public exhibition of draft strategy (public consultation 3), completed 30 July 2007 to 30 September 2007.

The following milestones within the MOU have not been met. 9. Finalise strategy. 10. State Government endorsement of final strategy. 11. Council endorsement of final strategy. 12. Department of Planning endorsement of strategy. 13 Draft Local Environmental Plan and Development Control Plan process commencement.

Delays in meeting milestones:

Submissions made during the public exhibition period regarding the Walgett Shire Growth Management Study and Draft Strategy (GMS) were considered by Walgett Shire Council at a meeting held on 11 December 2007. Council resolved to adopt the strategy with minor

24 August 2010 Page 109 of 141 WALGETT SHIRE COUNCIL AGENDA

amendments and request the Director General of the Department of Planning to formally endorse the strategy.

In an e-mail dated 22 February 2008, then in a letter dated 10 October 2008, the Department of Planning requested numerous minor amendments to the GMS.

In the course of considering the requested amendments, Walgett Shire Council resolved at a meeting held on 24 February 2009 to make significant other amendments to the October 2008 version of the GMS (see resolution included as Attachment A). In summary those amendments included: (a) Establishing a minimum holding size of 400 Ha for a dwelling entitlement on rural land in conjunction with making land available for rural residential holdings at Walgett, Lightning Ridge and Collarenebri. (b) Identifying rural land surrounding Walgett, Lightning Ridge and Collarenebri suitable for rezoning and subdivision into lots of 10 to 40 hectares in size, for use as rural residential holdings. (c) Including a recommendation that the NSW Government should continue to issue residential land titles on the preserved opal fields, so that people can continue to construct mining camps. (d) Making land identified as “Area C” in map 8.15 as Council’s preferred location for the urban expansion of Lightning Ridge, beyond the rezoning proposed within the strategy. (e) Clarifying wording within section 2.3.1 – Demographic profile. (f) Updating Figure 2.13 with agricultural production figures for 2006-2007, while noting that the region was in drought at the time. (g) Recommending an improved Council policy for mains electricity connections on the preserved opal fields.

Since 24 February 2009 Edge Land Planning (Ian Sinclair) and Council’s planning staff have been engaged in developing concept areas for rural residential holdings. This has involved: * Preliminary consultation with the State Emergency Service and the Department of Environment Climate Change and Water regarding flood issues. * Acquiring, interpreting and field checking high resolution aerial photography from the Land and Property Management Authority. * Preparing draft maps to delineate land use constraints, environmental constraints, flood constraints and the proposed rural residential areas. * Drafting a document titled “Walgett Shire Rural Residential Strategy” which is presently intended to be addendum to the GMS.

Council perceived there may be a trade off between increasing the minimum holding size to 400 Ha for a dwelling entitlement on rural land and being able rezone land for rural residential purposes in the vicinity of Walgett, Lightning Ridge and Collarenebri. In that context the rural residential issue has been given some priority by Council staff.

Request to review MOU

In a letter dated 27 July 2010 the Regional Director, Department of Planning has requested that Council submit a revised MOU, given that the project was not completed by 30 September 2008 as required under the original MOU (Attachment B).

24 August 2010 Page 110 of 141 WALGETT SHIRE COUNCIL AGENDA

At this stage Council has two main alternatives: (A) Proceed with the development of the “Walgett Shire Rural Residential Strategy”, as an addendum to the GMS and make the amendments to the GMS that were resolved on 24 February 2009. (B) Defer the development of the “Walgett Shire Rural Residential Strategy” and finalise the GMS in accordance with remaining amendments resolved on 24 February 2009.

Alternative A is likely to involve substantial further delays because: * It will require substantial additional consultation with the Department of Planning, NSW Government agencies and the public. * Further supporting information may be required, such as flood studies, archaeological assessments, flora and fauna studies.

Substantial problems arise for Council and the public from a planning instrument (the Interim Development Order No 1 – Shire of Walgett 1968) that is outdated and inconsistent with the current planning legislation framework. It is also important to note that this deficiency was the subject of recommendation 29 within the Report on the Section 430 Investigation Into Walgett Shire Council, by the Department of Local Government, dated 29 January 2004 (page 55). The recommendation was:

Alternative B is expected to be achievable within a far shorter time frame (about two years) and is recommended as the most appropriate option in the current circumstances. Once the LEP and associated Development Control Plans have been established, Council will be able to focus its strategic land use planning resources towards the submission of a planning proposal to the Department of Planning for the Walgett Shire Rural Residential Strategy as a separate project.

Relevant Reference Documents:

* Walgett Shire Growth Management Study and Strategy prepared by Edge Land Planning, dated October 2008 (To be updated as per Council resolutions 24 February 2009). * Report on the Section 430 Investigation into Walgett Shire Council, by the Department of Local Government, dated 29 January 2004.

Stakeholders:

Walgett Shire Council, Department of Planning, State government agencies, community

Financial Implications:

In 2004 Council committed $140,000 (GST excluded) for the Walgett Shire land use strategy and Local Environmental Plan project. As of 11 August 2010 Council had incurred about $100,699.04 in direct expenses for the project (excludes staff salaries). Council has allocated a budget of $42,000 for Local Environmental Plan and Development Control Plan development this year, which is adequate to maintain the dollar for dollar commitment required under the MOU for the planning reform fund grant.

24 August 2010 Page 111 of 141 WALGETT SHIRE COUNCIL AGENDA

Growth Strategy & Local Environmental Plan

Recommendation:

That Walgett Shire Council resolve to:

1. Note the letter dated 27 July 2010 from the Regional Director, Western Region of the Department of Planning regarding Planning Reform Funding and the associated memorandum of understanding for Walgett Shire’s land use strategy and Local Environmental Plan project. Also that the project was due for completion by 30 September 2008 and the Department has now requested that Council submit a Planning Reform Fund Project Variation Request.

2. Defer development of a “Walgett Shire Rural Residential Strategy” pending finalisation of the Walgett Shire Growth Management Study and Strategy (in accordance with remaining amendments resolved by Council on 24 February 2009) and finalisation of the associated Walgett Shire Local Environmental Plan.

3. Submit a request to the Department of Planning to vary the planning reform fund grant memorandum of understanding for the project to prepare the Walgett Shire Growth Management Study / Strategy and the Walgett Shire Local Environmental Plan. The key variation will be to extend the project for another two years.

Moved: Seconded:

Attachments:

A – Council resolution of 24 February 2009 regarding Growth Management Study & Strategy B – Letter dated 27 July 2010 from Regional Director, Department of Planning

24 August 2010 Page 112 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachment A – Council resolution of 24 February 2009, Growth Management Study & Strategy

24 August 2010 Page 113 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 114 of 141 WALGETT SHIRE COUNCIL AGENDA

Attachment B – Letter dated 27 July 2010 from Regional Director, Department of Planning

24 August 2010 Page 115 of 141 WALGETT SHIRE COUNCIL AGENDA

21. FOOTPATH VALUATION REPORT

REPORTING SECTION: Urban Infrastructure Services AUTHOR: Siegfredo Coralde – Director Urban Infrastructure Services FILE NUMBER: 10/232

Summary:

This report recommends Council to note, approve preparing a 10-Year Footpath Asset Management Plan and allocate $150,000 annual funds for the footpath construction program starting 2011-12 financial year over the next ten years.

Discussion (including issues and background):

In 22 December 2006, the Department of Local Government released the Circular 06-75 regarding the valuation of non-current assets such as Roads, Bridges, Footpaths and Drainage. Councils were reminded to report these assets in the 2008/09 financial year and should refer to the Local Government Accounting Code of Practice and Financial Reporting (the Code) and AASB 116 (Property, Plant and Equipment).

In 17 March 2009, the Department of Local Government again released a circular extending the time of reporting roads, bridges, footpaths and drainage assets. The Department recognized that it may take some time for councils to revalue these assets and in consultation with the Local Government Accounting Advisory Group, the timeframe for the revaluation of such assets have been extended to 30 June 2010.

Snapshot of Footpath Segments. The Valuation Report is based on the best information available when it was compiled in April 2010. The valuation costs have been used as a tool to inform Council of the Footpath Asset Management Plan process. There are five (5) towns or villages where footpaths are mostly constructed in concrete as shown in the following diagram:

Town Urban Road Type Footpath Type Lengths(m) Concrete 1.2m wide 7028 Concrete Stencilled 4.5m wide 457 Concrete 3.4m wide 116 Walgett Sealed Concrete 4.5m wide 303 Concrete 0.9m wide 265 Concrete 4m wide 48 Sub Total 8,217 Concrete 1.2m wide 1,346 Lightning Concrete Stencilled 4.5m wide 16 Sealed Ridge Paved 4.5m wide 228 Light Bitumen 3,700 Sub Total 5,290 Concrete 1.2m wide 1,497 Collarenebri Sealed Paved 5m wide 237 Sub Total 1,734 Burren Sealed Concrete 1.2 wide 1,000 Junction Sub Total 1,000

24 August 2010 Page 116 of 141 WALGETT SHIRE COUNCIL AGENDA

Town Urban Road Type Footpath Type Lengths(m) Carinda Sealed Concrete 3.4 wide 176 Sub Total 176 Grand Total 16,417

The summary of Asset Value is described below:

Asset Optimized Depreciated Annual Average Description Replacement Cost Replacement Depreciation (AD) Life (ORC) Cost (DRC) Formation $ 236,159.48 Footpaths $ 4,606,502.05 $ 705,843.61 $79,547.45 7.86

Limitations. The history details of recorded assets are determined by ocular inspection, checking existing files and inquiring local people. There exist some variations from the identified assets recorded but however, the derivation of the remaining life cycle of theses assets is prepared in accordance with the DLG Guidelines.

Council use Conquest as its data base tool in registering and recording the footpath assets. The footpath register using this data base has been established as at 30 June 2010.

The higher level of mapping is still to be integrated to Council’s MapInfo system.

The long-term Footpath Strategy Program. The quality of footpaths has a direct impact on the pedestrian experience. They form a major part of the public realm ensuring that they are safe, attractive and well maintained will enhance the footpath environment and help to sustain activity and vitality throughout the shires towns and villages. Current footpath conditions are not coordinated, well-designed and maintained.

The authoritative program of work that Council needs to implement will be prepared in accordance with the Levels of Service yet to be set in Council’s 20 year Footpath Management Plan. Progressive construction and rehabilitation of footpaths will give:

• Reduced and predictable maintenance costs • Safe walking and access conditions • Public pride and appreciation of the importance of streets and other open spaces • Public recognition of a distinct identity, reinforcing a strong and unique sense of place for the community. • Reduced potential litigation costs

Relevant Reference Documents:

DLG Circular 06-43: Financial Reporting 2006 DLG Circular 06-75: Valuation of Assets at Fair Value DLG Circular 09-09: Recognition of Certain Assets at Fair Value

Stakeholders:

Walgett Shire Council

Financial Implications:

Council to increase its annual Capital Works Programme by at least $150,000

24 August 2010 Page 117 of 141 WALGETT SHIRE COUNCIL AGENDA

Footpath Valuation Report

Recommendation:

That Walgett Shire Council resolve to:

1. Note the Footpath Valuation Report.

2. Approve to prepare a 10-Year Footpath Asset Management Plan to improve the current walking and public access conditions of footpaths.

3. Consider an allocation of $150,000 per year starting 2011-12 financial year over the next 10 years.

Moved: Seconded:

Attachments:

Footpath Valuation 2010

24 August 2010 Page 118 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 119 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 120 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 121 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 122 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 123 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 124 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 125 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 126 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 127 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 128 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 129 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 130 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 131 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 132 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 133 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 134 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 135 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 136 of 141 WALGETT SHIRE COUNCIL AGENDA

24 August 2010 Page 137 of 141 WALGETT SHIRE COUNCIL AGENDA

22. DECEMBER 2009 FLOOD DAMAGE GRANT

REPORTING SECTION: Rural Infrastructure & Support Services AUTHOR: Ian Taylor – Director Rural Infrastructure & Support Services FILE NUMBER: 10/25

Summary:

Council sustained damage to road infrastructure as a result of the March 2010 Flood Event. This report provides council with the final assessment of the claim under the natural disaster arrangements.

Discussion (including issues and background): Council sustained damage to road infrastructure as a result of the March 2010 Flood Event. The event was declared a natural disaster in Walgett Shire.

As a declared natural disaster, funding provisions outlined in the Natural Disaster Arrangements assist council in rectifying the damage. Emergency Works (to open roads to traffic), State and Regional roads are funded at 100% of the assessed cost. Local roads are funded at 75% for the first $116,000 and 100% thereafter. This means that Council must contribute $29,000 from its own funds to the assessed cost of repairs for any one event with a cap of $58,000 each year.

The natural disaster grant for the March 2010 event has been preliminarily assessed as follows:

$122,495 for Regional Roads; and $383,905 for Local Roads (Including Council’s contribution of $29,000)

Relevant Reference Documents:

RTA email 7 July 2010 and associated Project Schedules

Stakeholders:

Road users in Walgett Shire

Financial Implications:

Council’s contribution to the repair costs will be deducted from general maintenance allocation for Shire Roads.

The grant is paid monthly against certified expenditure.

24 August 2010 Page 138 of 141 WALGETT SHIRE COUNCIL AGENDA

December 2009 Flood Damage Grant

Recommendation:

1. That Council note the natural disasters grant for road flood damage restoration for the March 2010 Flood Event.

Moved: Seconded:

Attachments:

Nil

24 August 2010 Page 139 of 141 WALGETT SHIRE COUNCIL AGENDA

23. NORTH WEST WEIGHT OF LOADS GROUP - WITHDRAWAL OPTION

REPORTING SECTION: Director Rural Infrastructure & Support Services AUTHOR: Ian Taylor - Director Rural Infrastructure & Support Services FILE NUMBER: 09/65

Summary:

Council is a member of the North West Weight of Loads Group. This report provides an outline of the benefits and disadvantages of withdrawing from the Group for consideration.

Discussion (including issues and background):

Council is a member of the North West Weight of Loads Group (NWWOLG). NWWOLG provides an enforcement capability to Council to police the compliance of heavy vehicle operators with statutory vehicle mass limits. The Group works in cooperation with RTA compliance officers, however their operations are not limited to State Highways.

Moree Plains Shire Council administers the Group and all financial transactions occur through their accounts. Walgett is invoiced quarterly when it is not in credit.

At its July meeting, Council requested a report outlining the advantages and disadvantages of withdrawing from the Group for its consideration. The relevant issues are as follows:

Advantages:

• Reduction in complaints made to Council in relation to the enforcement of mass limits on roads within Walgett Shire.

• Perception by some transport operators / businesses that Council has responded to their complaints.

Disadvantages:

• NO productivity gain for transport operators (Law has not changed)

• Council appears NOT to be supporting increased professionalism by heavy vehicle operators (Other areas/industries are partaking in informed dialogue at State and National level to remedy difficulties with the legislation)

• Council may appear NOT to be in support of / consistent with the Legislative regime for mass management of heavy vehicles in NSW (Concessional Mass Limits are available to operators through accreditation systems)

• Increased damage WILL OCCUR to road pavements as current non- compliance with axle mass limits will increase (Note that damage is exponentially greater in proportion to the additional load and this shortens the pavement service life accordingly)

24 August 2010 Page 140 of 141 WALGETT SHIRE COUNCIL AGENDA

• Council does not yet have sufficient information to calculate the additional cost of the damage and therefore is not able to propose a way of funding an accelerated pavement renewal program.

• Negligible savings are realised by withdrawing from the group to offset a substantially greater risk of damage to the roads as a consequence

• Council would have less credibility in demonstrating that it was applying sound asset management principles in the management of its road assets, thereby diminishing its argument for grant funding towards new sealing and rehabilitation works.

It is recommended that Council remain in the NWWOLG as part of its road asset management plan to optimise the life of the road assets in its control. Issues which some transport operators have with the legislation should be addressed by industry at the State or National level.

Alternatively Council may withdraw from the NWWOLG. This would incur all the disadvantages listed above and consequently result in an adverse impact upon compliant truck operators due to the accelerated deterioration of road pavements thereby increasing road user costs.

Relevant Reference Documents:

Nil

Stakeholders:

All Heavy Vehicle Operators in Walgett Shire

Financial Implications:

Nil if remain in NWWOLG Undetermined, but potentially very substantial in the long term if withdraw from NWWOLG

North West Weight of Loads Group – Withdrawal Option

Recommendation:

1. That Council note the advantages and disadvantages of withdrawing from the North West Weight of Loads Group.

Moved: Seconded:

Attachments:

Nil

24 August 2010 Page 141 of 141